Convening and Commenting on Debates

With national attention on the Presidential and Vice-Presidential debates, it’s a good time to cover the rules for how nonprofits can convene and comment on debates.   Our attorneys for this episode  Tim Mooney  Jen Powis  Quyen Tu    Shownotes   Public charity 501(c)(3)s can educate candidates and voters.  Many debates are run by 501(c)(3)s.  Example: Commission on Presidential Debates is a 501(c)(3) public charity  Remember 501(c)(3)s cannot support or oppose candidates.  See the Facts and Circumstances analysis from our first episode.    Nonprofits can host debates as an opportunity to educate voters  Candidate education  Host a debate with a coalition  Example from The Coalition for Environment, Equity & Resilience (CEER), a program of Healthy Gulf (c3) & BakerRipley (c3) in Houston    Invite all viable candidates (what is viable)  Prepare questions prior, and ensure an adequate moderator  No candidate pledges  Nonprofits can respond to things said in debates  Fact checking is ok, but not support/opposition to candidates  Be consistent in your language.  Example: Sierra Club, c4?    Consistency and a track record are key.  Best practices:  Think through why responding now helps its advocacy program,  Determine who is permitted to “speak on behalf of the organization,”  Focus on what is said (the issue) and not the candidates themselves, and  Ensure that the facts provided meet the above objectives.  Example: Southern Poverty Law Center (c3) responding to President Trump’s comment about the “Proud Boys”    Resources  Hosting Candidate Debates: Public Charities Can Educate the Community Through Candidate Debates  Commenting on Candidates and Campaigns: How 501(c)(3)s Can Respond During an Election Year  Responding During Election Season and Debates  Sample 501(c)(3) Organizational Policy for Election Season